ACK Earthmoving Pty Ltd Summary

[2013] FWCA 9014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ACK Earthmoving Pty Ltd
(AG2013/10028)

ACK EARTHMOVING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 NOVEMBER 2013

Application for approval of the ACK Earthmoving Pty Ltd Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 November 2013 by ACK Earthmoving Pty Ltd for the approval of a single-enterprise agreement known as the ACK Earthmoving Pty Ltd Enterprise Agreement (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACK Earthmoving Pty Ltd was involved in an application before the Fair Work Commission, seeking approval of an enterprise agreement. The enterprise agreement was contested by one of the parties involved in the negotiations. The matter was heard and determined by the Commission. The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant statutory provisions and whether it had been negotiated in good faith. The applicant argued that the agreement was fair and reasonable, while the contesting party raised several objections regarding the terms of the agreement.

The Fair Work Commission meticulously reviewed the evidence and submissions presented by both parties. The Commission assessed the terms of the enterprise agreement against the criteria established by the Fair Work Act, focusing on factors such as the process of negotiation, the content of the agreement, and its impact on the employees. The Commission examined whether the agreement met the requirements for genuine negotiation and whether it provided fair and reasonable terms and conditions for the employees. Ultimately, the Commission concluded that the agreement was fair and reasonable, having been negotiated in good faith and meeting the statutory criteria.

Consequently, the Fair Work Commission approved the enterprise agreement. The Commission found that the agreement was consistent with the relevant legislative framework and had been negotiated fairly. The terms and conditions outlined in the agreement were deemed appropriate and reasonable, reflecting the interests of both the employer and the employees. The Commission's decision to approve the agreement was based on the comprehensive evidence presented and the satisfaction of all necessary legal standards. The enterprise agreement was thus formally approved, allowing it to be implemented by the parties involved.

ACK Earthmoving Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established